Terms and Conditions

Acceptance of terms

The services that Lunchtime.com.au Pty Limited ABN 50 111 997 507 (Lunchtime) provides to its users are subject to the following Terms of Use (“TOU”). Lunchtime reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the “Terms and Conditions ” hypertext link located at the bottom of our Web pages.

This Agreement, which incorporates by reference other provisions applicable to use of Lunchtime, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in Lunchtime, sets forth the terms and conditions that apply to use of Lunchtime by User. By using Lunchtime (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use Lunchtime is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.

Lunchtime shall have the right at any time to change or discontinue any aspect or feature of Lunchtime, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Changed Terms

Lunchtime shall have the right at any time to change or modify the terms and conditions applicable to User’s use of Lunchtime, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Lunchtime, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Lunchtime by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

Description of services

Through its Web property, Lunchtime provides User with access to a variety of resources, (“Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

User conduct

User shall use Lunchtime for lawful purposes only. User shall not post or transmit through Lunchtime any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Lunchtime’s discretion restricts or inhibits any other User from using or enjoying Lunchtime will not be permitted.

Lunchtime contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, graphics, and the entire contents of Lunchtime are copyrighted as a collective work under the Australian copyright laws. User may not modify, publish, transmit, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Lunchtime and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

User shall not upload, post or otherwise make available on Lunchtime any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Lunchtime, User automatically grants, or warrants that the owner of such material has expressly granted Lunchtime the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User’s personal use. User hereby grants Lunchtime the right to edit, copy, publish and distribute any material made available on Lunchtime by User.

The foregoing provisions of Section 5 are for the benefit of Lunchtime, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Use of services

The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.

Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.

Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including email addresses.

Violate any applicable laws or regulations.

Create a false identity for the purpose of misleading others.

Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Lunchtime has no obligation to monitor the Communication Services. However, Lunchtime reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Lunchtime reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Lunchtime reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lunchtime’s sole discretion.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.

Always use caution when giving out any personally identifiable information in any Communication Services. Lunchtime.com.au] does not control or endorse the content, messages or information found in any Communication Services and, therefore, Lunchtime.com.au specifically disclaims any liability with regard to the Communication Services and any actions resulting from Users participation in any Communication Services. Managers and hosts are not authorized Lunchtime spokespersons, and their views do not necessarily reflect those of Lunchtime.

Member account, password and security

If any of the Services requires User to open an account, User must complete the registration process by providing Lunchtime with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password User is entirely responsible for maintaining the confidentiality of Users password and account. Furthermore, User is entirely responsible for any and all activities that occur under Users account. User agrees to notify Lunchtime immediately of any unauthorized use of User’s account or any other breach of security. Lunchtime will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Lunchtime or another party due to someone else using Users account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

Notices regarding services available on this site

In no event shall lunchtime and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Disclaimer of warranty; Limitation of liability

User expressly agrees that use of lunchtime is at user’s sole risk. Neither lunchtime, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that lunchtime will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of lunchtime, or as to the accuracy, reliability or content of any information, service, or merchandise provided through lunchtime.

Lunchtime is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that Lunchtime is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

In no event will lunchtime, or any person or entity involved in creating, producing or distributing lunchtime be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use lunchtime. User hereby acknowledges that the provisions of this section shall apply to all content on the site.

In addition to the terms set forth above neither, lunchtime, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within lunchtime, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

Force Majeure; neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurence. The performance of ths agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.

Links to third party sites

The links in this area will let you leave Lunchtime’s site. The linked sites are not under the control of Lunchtime and Lunchtime is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Lunchtime is not responsible for webcasting or any other form of transmission received from any linked site. Lunchtime is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lunchtime of the site.

Lunchtime is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of Lunchtime, are those of the respective author(s) or distributor(s) and not of Lunchtime. Neither Lunchtime nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through Lunchtime represents the opinions and judgments of the respective information provider, User, or other user not under contract with Lunchtime. Lunchtime neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Lunchtime by anyone other than authorised Lunchtime employee spokespersons while acting in their official capacities. Under no circumstances will Lunchtime be liable for any loss or damage caused by a User’s reliance on information obtained through Lunchtime. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Lunchtime.com.au. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Monitoring

Lunchtime shall have the right, but not the obligation, to monitor the content of Lunchtime, to determine compliance with this Agreement and any operating rules established by Lunchtime and to satisfy any law, regulation or authorized government request. Lunchtime shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Lunchtime. Without limiting the foregoing, Lunchtime shall have the right to remove any material that Lunchtime, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification

User agrees to defend, indemnify and hold harmless Lunchtime, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Lunchtime by User or User’s Account.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.